330-A:15-b Mental Health Practice: Telemedicine Definition. Amend RSA 330-A:15-b to read as follows: 330-A:15-b Telemedicine. Persons licensed by the board shall be permitted to provide services through the use of telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. "Telemedicine" shall not include the use of audio-only telephone or facsimile. 330-A:15-b Mental Health Practice: Telemedicine Definition. Amend RSA 330-A:15-b to read as follows: 330-A:15-b Telemedicine. Persons licensed by the board shall be permitted to provide services through the use of telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. "Telemedicine" shall not include the use of audio-only telephone or facsimile. 330-A:15-b Mental Health Practice: Telemedicine Definition. Amend RSA 330-A:15-b to read as follows: 330-A:15-b Telemedicine. Persons licensed by the board shall be permitted to provide services through the use of telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. "Telemedicine" shall not include the use of audio-only telephone or facsimile. New Hampshire is a PSYPACT PARTICIPATING STATE- NH SB 232 (Enacted 7/10/2019) "To practice telepsychology under the authority of PSYPACT, you will need to apply for and obtain an E.Passport from the Association of State and Provincial Psychology Boards (ASPPB) and apply for and obtain an Authority to Practice Interjurisdictional Telepsychology (APIT) from the PSYPACT Commission." Refer to the source provided for all requirements and limitations. 310-A:1-g Telemedicine and Telehealth Services. – “I. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. II. "Telehealth" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment. III. Individuals licensed, certified, or registered pursuant to RSA 137-F; RSA 151-A; RSA 315; RSA 316-A; RSA 317-A; RSA 326-B; RSA 326-D; RSA 326-H; RSA 327; RSA 328-E; RSA 328-F; RSA 328-G; RSA 329-B; RSA 330-A; RSA 330-C; RSA 327-A; RSA 329; RSA 326-B; RSA 318; RSA 328-I; RSA 328-J may provide services through telemedicine or telehealth, provided the services rendered are authorized by scope of practice. Nothing in this provision shall be construed to expand the scope of practice for individuals regulated under this chapter. IV. Notwithstanding any provision of law to the contrary, an out-of-state healthcare professional providing services by means of telemedicine or telehealth shall be required to be licensed, certified, or registered by the appropriate licensing board within the division of health professions. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II. V. An individual providing services by means of telemedicine or telehealth directly to a patient shall: (a) Use the same standard of care as used in an in-person encounter; (b) Maintain a medical record; and (c) Subject to the patient's consent, forward the medical record to the patient's primary care or treating provider, if appropriate. VI. Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.” Source. 2020, 27:12, eff. July 21, 2020. NH Revised Statutes Annotated, Sec. 329:1-c “"Physician-patient relationship" means a medical connection between a licensed physician and a patient that includes an in-person or face-to-face 2-way real-time interactive communication exam, a history, a diagnosis, a treatment plan appropriate for the licensee's medical specialty, and documentation of all prescription drugs including name and dosage. A licensee may prescribe for a patient whom the licensee does not have a physician-patient relationship under the following circumstances: “Prescribing drugs to individuals without a physician-patient relationship shall be unprofessional. The definition of a physician-patient relationship shall not apply to a physician licensed in another state who is consulting to a New Hampshire licensed physician with whom the patient has a relationship.” NH Revised Statutes Annotated, Sec. 329:1-d 329:1-d Telemedicine. – “I. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.” “II. An out-of-state physician providing services by means of telemedicine shall be deemed to be in the practice of medicine and shall be required to be licensed under this chapter. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II.” “III. It shall be unlawful for any person to prescribe by means of telemedicine a controlled drug classified in schedule II through IV, except substance use disorder (SUD) treatment as permitted in locations enumerated in paragraph IV. Methadone hydrochloride, as defined in RSA 318-B:10, VII(d)(2) shall not be included in the exemption.” “IV. (a)(1) The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care. A provider shall not be required to establish care via face-to-face in-person service when: (A) The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h); (B) The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county; (C) The patient is being treated by, and is physically located in a Doorway as defined in RSA 167:4-d, II(c); (D) The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or (E) The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f).” Refer to the source provided for all requirements and limitations. “As a party state to the Nurse Licensure Compact (NLC), New Hampshire issues multistate licenses to nurses and applicants who reside in the state and recognizes multistate licenses issued by other party states, for practice in New Hampshire. A nurse holding a multistate license is entitled to practice in any NLC party state, but must comply at all times with the laws of the state where he or she is currently practicing.” “It should be noted that not every state in the US is an NLC party state; a map of participating states, as well as further resources related to the NLC, are available on the Nurse Licensure Compact website.” Refer to the source provided for all requirements and limitations. New Hampshire Professional Regulation/Health & Safety Online Prescribing NH Revised Statutes Annotated, Sec. 329:1-c “"Physician-patient relationship" means a medical connection between a licensed physician and a patient that includes an in-person or face-to-face 2-way real-time interactive communication exam, a history, a diagnosis, a treatment plan appropriate for the licensee's medical specialty, and documentation of all prescription drugs including name and dosage. A licensee may prescribe for a patient whom the licensee does not have a physician-patient relationship under the following circumstances: “Prescribing drugs to individuals without a physician-patient relationship shall be unprofessional. The definition of a physician-patient relationship shall not apply to a physician licensed in another state who is consulting to a New Hampshire licensed physician with whom the patient has a relationship.” NH Revised Statutes Annotated, Sec. 329:1-d 329:1-d Telemedicine. – “I. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.” “II. An out-of-state physician providing services by means of telemedicine shall be deemed to be in the practice of medicine and shall be required to be licensed under this chapter. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II.” “III. It shall be unlawful for any person to prescribe by means of telemedicine a controlled drug classified in schedule II through IV, except substance use disorder (SUD) treatment as permitted in locations enumerated in paragraph IV. Methadone hydrochloride, as defined in RSA 318-B:10, VII(d)(2) shall not be included in the exemption.” “IV. (a)(1) The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care. A provider shall not be required to establish care via face-to-face in-person service when: (A) The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h); (B) The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county; (C) The patient is being treated by, and is physically located in a Doorway as defined in RSA 167:4-d, II(c); (D) The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or (E) The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f).” Refer to the source provided for all requirements and limitations. Licensed Psychologists and Licensed Social Workers are listed as approved providers of telehealth under New Hampshire Medicare/Medicaid Source: NH Revised Statutes 167:4-d & 42 CFR Sec. 410.78(b)(2) Refer to the source provided for all requirements and limitations. Originating Site Reimbursement: Recently passed legislation allows for the patient's home and workplace as originating sites. Source: NH Revised Statutes 167:4-d (SB – 258) & Centers for Medicare and Medicaid Services. Medicare Learning Network Refer to the source provided for all requirements and limitations. Source: NH Revised Statutes Annotated, 415-J:3 (SB – 258 "II. An insurer offering a health plan in this state may not deny coverage on the sole basis that the coverage is provided through telemedicine if the health care service would be covered if it were provided through in-person consultation between the covered person and a health care provider." Refer to the source provided for all requirements and limitations. The New Hampshire Board of Mental Health Practice notes the following: If you are located in New Hampshire and are providing mental health services to a consumer located in another jurisdiction, you are considered to be practicing in New Hampshire and need to be licensed in this State. If you are located in another state and are providing mental health services to a consumer located in New Hampshire, you are considered to be practicing in New Hampshire and need to be licensed in this State. www.oplc.nh.gov/mental-health/index.htm Psychologists: New Hampshire is a member of the Psychology Interjurisdictional Compact (PSYPACT): https://www.asppb.net/mpage/legislativeCounselors
TITLE XXX
MENTAL HEALTH PRACTICE
Social Workers
TITLE XXX
MENTAL HEALTH PRACTICE
Marriage and Family Therapists
TITLE XXX
MENTAL HEALTH PRACTICE
Psychologists
Psychiatrists
New Hampshire Professional Regulation/Health & Safety Online Prescribing
Nurses
Medicaid Telehealth Parity Law
Booklet, p. 4. (Jan. 2019)Private Pay Telehealth Parity Law
Permission for the Temporary Practice of Clinicians Licensed Outside the State
New Hampshire
Note: As this is a free resource and Rules and Regulations regarding Telehealth are always changing, we appreciate any updates or corrections. They can be emailed to us at [email protected] with a link to the source or a citation of the rule or regulation.
Telemental health is not a separate service from mental health services. All state licensing boards require that licensed clinicians follow all the regulations for practicing under their license no matter what medium of communication is used. All licensing boards also require that clinicians only practice within the boundaries of their competence. This usually requires education, continuing education, and/or supervision in telemental health. Complete our telehealth training program to cover all the essential competencies of providing telemental health services and earn the THTC (Telemental Health Training Certificate).
The course was so informative and I was glued to my screen for the entire duration. I received so much knowledge concerning ethics in telehealth and I am greatly encouraged to read about all the standards and policies that pertain to my practice. Thank you!.